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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
Pilot Media, LLC ) File Number: EB-10-CG-0293
Licensee of FM Station WIBL ) NAL/Acct. No.: 201132320001
Fairbury, Illinois ) FRN: 0016314320
Facility ID 86178 )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: May 2, 2011 Released: May 3, 2011
By the District Director, Chicago Office, Northeast Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Pilot Media, LCC ("Pilot Media"), licensee of FM Station WIBL, in
Fairbury, Illinois, apparently willfully and repeatedly violated
section 73.3526(e)(12) of the Commission's Rules ("Rules") by failing
to maintain and make available the quarterly issues/programs lists in
the local public inspection file. We conclude that Pilot Media is
apparently liable for a forfeiture in the amount of four thousand
dollars ($4,000).
II. BACKGROUND
2. On October 26, 2010, agents from the Enforcement Bureau's Chicago
Office conducted an inspection with Station WIBL's chief operator at
the station's main studio, located at 108 Boeykens Place in Normal,
Illinois. The agents reviewed the materials in Station WIBL's public
inspection file and found that the file did not contain any
issues/programs lists since the 3rd quarter of 2009, i.e., it was
missing a total of four quarters of issues/programs lists.
III. DISCUSSION
3. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. Section 312(f)(1) of the Act defines willful as "the
conscious and deliberate commission or omission of [any] act,
irrespective of any intent to violate" the law. The legislative
history to section 312(f)(1) of the Act clarifies that this definition
of willful applies to both sections 312 and 503(b) of the Act and the
Commission has so interpreted the term in the section 503(b) context.
The Commission may also assess a forfeiture for violations that are
merely repeated, and not willful. "Repeated" means that the act was
committed or omitted more than once, or lasts more than one day.
4. Section 73.3526(a)(2) of the Rules requires broadcast stations to
maintain for public inspection a file containing materials listed in
that section. Section 73.3526(c)(1) of the Rules specifies that the
file shall be available for public inspection at any time during
regular business hours, and section 73.3526(e)(12) of the Rules
specifically requires licensees to place in their public inspection
file, for each calendar quarter, a list of programs that have provided
the station's most significant treatment of community issues during
the preceding three month period. This list is known as the
issues/programs list and must include a brief narrative describing
what issues were given significant treatment and the programming that
provided this treatment. The description of the programs must include,
but shall not be limited to, the time, date, duration, and title of
each program in which the issue was treated. Copies of the
issues/programs list must be retained in the public inspection file
until final action has been taken on the station's next license
renewal application.
5. On October 26, 2010, an agent reviewed Station WIBL's public
inspection file and found that it was missing four quarters of
issues/programs lists. Accordingly, based on the evidence before us,
we conclude that Pilot Media apparently willfully and repeatedly
violated section 73.3526(e)(12) by failing to maintain the
issues/programs lists and make them available in Station WIBL's public
inspection file.
6. Pursuant to the Commission's Forfeiture Policy Statement and section
1.80 of the Rules, the base forfeiture amount for violation of the
public file rule is $10,000. Because Station WIBL's public file was
mostly complete, we conclude a reduction in the base forfeiture amount
for the public file violation to $4,000 is appropriate. In assessing
the monetary forfeiture amount, we must also take into account the
statutory factors set forth in section 503(b)(2)(E) of the Act, which
include the nature, circumstances, extent, and gravity of the
violations, and with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and other
such matters as justice may require. Applying the Forfeiture Policy
Statement, section 1.80, and the statutory factors to the instant
case, we conclude that Pilot Media is apparently liable for a
forfeiture in the amount of $4,000 for its failure to maintain its
quarterly issues/program lists during the current license term.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.204,
0.311, 0.314 and 1.80 of the Commission's Rules, Pilot Media, LCC is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of four thousand dollars ($4,000) for apparently willfully and
repeatedly violating section 73.3526(e)(12) of the Rules.
8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Pilot Media, LCC SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
9. Payment of the forfeiture must be made by credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the NAL/Account Number and FRN
Number referenced above. Payment by check or money order may be mailed
to Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Requests for full
payment under an installment plan should be sent to: Chief Financial
Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. Please contact the Financial Operations
Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
any questions regarding payment procedures. Pilot Media, LLC will
also send electronic notification to NER-Response@fcc.gov on the date
said payment is made.
10. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
be mailed to Federal Communications Commission, Enforcement Bureau,
Northwest Region, Chicago Field Office, 1550 N. Northwest Highway,
Room 306, Park Ridge, Illinois 60068 and must include the NAL/Acct.
No. referenced in the caption. An electronic copy shall be sent to
NER-Response@fcc.gov .
11. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and
objective documentation that accurately reflects the petitioner's
current financial status. Any claim of inability to pay must
specifically identify the basis for the claim by reference to the
financial documentation submitted.
12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and regular mail, to Pilot Media, LLC at P.O. Box 1628,
Cape Girardeau, MO 63702-1608.
FEDERAL COMMUNICATIONS COMMISSION
James M. Roop
District Director
Chicago Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 73.3526(e)(12).
47 U.S.C. S: 503(b).
47 U.S.C. S: 312(f)(1).
H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the act
(e.g., section 503).... As defined ... `willful' means that the licensee
knew that he was doing the act in question, regardless of whether there
was an intent to violate the law. `Repeated' means more than once, or
where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
sections 312 and 503, and are consistent with the Commission's application
of those terms ...").
See, e.g., Application for Review of Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) ("Southern
California Broadcasting Co.").
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.
47 C.F.R. S: 73.3526(a)(2).
47 C.F.R. S: 73.3526(c)(1).
47 C.F.R. S: 73.3526(e)(12).
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
See Daniel D. Smith, Notice of Apparent Liability for Forfeiture, 25 FCC
Rcd 15874 (Enf. Bur., District Director, Kansas City Office 2010)
(proposed $4,000 forfeiture for failure to maintain issues/programs
lists); James L. Chladek, Forfeiture Order, 24 FCC Rcd 9337 (Enf. Bur.,
Regional Director, Northeast Region 2009) (assessed $4,000 forfeiture for
failure to maintain issues/programs lists); Hensley Broadcasting, Inc.,
Forfeiture Order, 24 FCC Rcd 115 (Enf. Bur., Regional Dir., Northeast
Region 2009) (assessed $4,000 forfeiture for failure to maintain
issues/programs lists).
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80,
73.1570, 73.3526.
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 11-809
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Federal Communications Commission DA 11-809